Amendment SA8-SSA2-SB45

SB45-SSA2-SA8,149 Section 149. 175.35 (2k) (c) 2. b. of the statutes is amended to read:

SB45-SSA2-SA8,65,13 175.35 (2k) (c) 2. b. A statement by a division commander or higher authority within the Wisconsin law enforcement agency that he or she has a reasonable suspicion that the person who is the subject of the information request has obtained or is attempting to obtain a handgun firearm.

SB45-SSA2-SA8,150 Section 150. 175.35 (2k) (g) of the statutes is amended to read:

SB45-SSA2-SA8,65,18 175.35 (2k) (g) If a search conducted under sub. (2g) indicates that the transferee is prohibited from possessing a firearm under s. 941.29, the attorney general or his or her designee may disclose to a law enforcement agency that the transferee has attempted to obtain a handgun firearm.

SB45-SSA2-SA8,151 Section 151. 175.35 (2k) (h) of the statutes is amended to read:

SB45-SSA2-SA8,66,2 175.35 (2k) (h) If a search conducted under sub. (2g) indicates a felony charge without a recorded disposition and the attorney general or his or her designee has reasonable grounds to believe the transferee may pose a danger to himself, herself or another, the attorney general or his or her designee may disclose to a law enforcement agency that the transferee has obtained or has attempted to obtain a handgun firearm.

SB45-SSA2-SA8,152 Section 152. 175.35 (2L) of the statutes is amended to read:

SB45-SSA2-SA8,66,10 175.35 (2L) The department of justice shall promulgate rules providing for the review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right to purchase receive a transfer of a handgun firearm because the firearms dealer received a nonapproval number under sub. (2g) (c) 4. a. may request a firearms restrictions record search review under those rules. If the person disagrees with the results of that review, the person may file an appeal under rules promulgated by the department.

SB45-SSA2-SA8,153 Section 153. 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:

SB45-SSA2-SA8,66,13 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by regulations of the U.S. department of the treasury.

SB45-SSA2-SA8,66,15 (b) Transfers of any handgun firearm between firearms dealers or between wholesalers and dealers.

SB45-SSA2-SA8,66,17 (c) Transfers of any handgun firearm to law enforcement or armed services agencies.

SB45-SSA2-SA8,154 Section 154. 175.35 (3) (b) 2. of the statutes is amended to read:

SB45-SSA2-SA8,67,2 175.35 (3) (b) 2. A person who violates sub. (2e) by intentionally providing false information regarding whether he or she is purchasing receiving a transfer of the firearm with the purpose or intent to transfer the firearm to another who the person knows or reasonably should know is prohibited from possessing a firearm under state or federal law is guilty of a Class H felony. The penalty shall include a fine that is not less than $500.

SB45-SSA2-SA8,155 Section 155. 175.355 of the statutes, as created by 2025 Wisconsin Act .... (this act), is repealed.

SB45-SSA2-SA8,156 Section 156. 175.60 (7) (d) of the statutes is amended to read:

SB45-SSA2-SA8,67,7 175.60 (7) (d) A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

SB45-SSA2-SA8,157 Section 157. 175.60 (15) (b) 4. b. of the statutes is amended to read:

SB45-SSA2-SA8,67,10 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

SB45-SSA2-SA8,158 Section 158. 938.341 of the statutes is amended to read:

SB45-SSA2-SA8,67,15 938.341 Delinquency adjudication; restriction on firearm possession. Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a felony or for a violation under s. 175.33 (2), the court shall inform the juvenile of the requirements and penalties under s. 941.29.

SB45-SSA2-SA8,159 Section 159. 941.29 (1m) (dm), (dn) and (do) of the statutes are created to read:

SB45-SSA2-SA8,67,19 941.29 (1m) (dm) The person has been convicted of a misdemeanor under s. 175.33 (2), unless at least 2 years have passed since the conviction.

SB45-SSA2-SA8,67,21 (dn) The person has been adjudicated delinquent for a violation under s. 175.33 (2), unless at least 2 years have passed since the adjudication.

SB45-SSA2-SA8,68,2 (do) The person has been found not guilty of a misdemeanor under s. 175.33 (2) by reason of mental disease or defect, unless at least 2 years have passed since the finding.

SB45-SSA2-SA8,160 Section 160. 971.17 (1g) of the statutes is amended to read:

SB45-SSA2-SA8,68,7 971.17 (1g) Notice of restriction on firearm possession. If the defendant under sub. (1) is found not guilty of a felony, or of a violation under s. 175.33 (2), by reason of mental disease or defect, the court shall inform the defendant of the requirements and penalties under s. 941.29.

SB45-SSA2-SA8,161 Section 161. 973.176 (1) of the statutes is amended to read:

SB45-SSA2-SA8,68,13 973.176 (1) Firearm possession. Whenever a court imposes a sentence or places a defendant on probation regarding a felony conviction or regarding a conviction for a misdemeanor under s. 175.33 (2), the court shall inform the defendant of the requirements and penalties applicable to him or her under s. 941.29 (1m) or (4m).

SB45-SSA2-SA8,9327 Section 9327. Initial applicability; Justice.

SB45-SSA2-SA8,68,18 (1) Transfers of firearms. The treatment of ss. 175.33 and 175.35 (1) (at) (by Section 132) and (br) and (2) (intro.), (a), (b), (bm), (c), (cm) (intro.), and (d), the renumbering of s. 175.35 (2j), and the creation of s. 175.35 (2j) (b) first apply to transfers that occur on the effective date of this subsection.

SB45-SSA2-SA8,9427 Section 9427. Effective dates; Justice.

SB45-SSA2-SA8,69,5 (1) Transfers of firearms. The treatment of ss. 175.33, 175.35 (title), (1) (at) (by Section 132) and (br), (2) (intro.), (a), (bm), (c), and (cm) (intro.), (2g) (a), (b) 1. and 2., and (c) 4. c. (by Section 142), (2k) (ar) 2., (c) 2. a. and b., (g), and (h), (2L), (2t) (a), (b), and (c), and (3) (b) 2., 176.60 (7) (d) and (15) (b) 4. b., 938.341, 941.29 (1m) (dm), (dn), and (do), 971.17 (1g), and 973.176 (1), the repeal of s. 175.355, the renumbering of s. 175.35 (2) (d) and (2j), the renumbering and amendment of s. 175.35 (2i), the amendment of s. 20.455 (2) (gr), and the creation of s. 175.35 (2i) (b) 2. and (2j) (b) and Section 9327 (1) of this act take effect on the first day of the 7th month beginning after publication.”.

SB45-SSA2-SA8,69,6 20. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,69,8 “Section 162. 947.01 (1) of the statutes is renumbered 947.01 (1) (intro.) and amended to read:

SB45-SSA2-SA8,69,10 947.01 (1) (intro.) Whoever, in a public or private place, engages in violent, abusive, any of the following is guilty of a Class B misdemeanor:

SB45-SSA2-SA8,69,13 (b) Abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.

SB45-SSA2-SA8,163 Section 163. 947.01 (1) (a) of the statutes is created to read:

SB45-SSA2-SA8,69,16 947.01 (1) (a) Violent behavior that involves the use or attempted use of physical force or the use of or threat to use a dangerous weapon.

SB45-SSA2-SA8,164 Section 164. 968.075 (1) (a) (intro.) of the statutes is amended to read:

SB45-SSA2-SA8,69,21 968.075 (1) (a) (intro.) “Domestic abuse” means any of the following engaged in by an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided or against an adult with whom the person has a child in common a relative of the adult person:

SB45-SSA2-SA8,165 Section 165. 968.075 (1) (f) of the statutes is created to read:

SB45-SSA2-SA8,69,23 968.075 (1) (f) “Relative” means any of the following:

SB45-SSA2-SA8,70,1 1. A spouse or former spouse.

SB45-SSA2-SA8,70,2 2. A parent or stepparent.

SB45-SSA2-SA8,70,3 3. A legal guardian.

SB45-SSA2-SA8,70,4 4. A person with whom the adult person has a child in common.

SB45-SSA2-SA8,70,6 5. A person with whom the adult person is cohabiting or has cohabited as a spouse, a parent, or a legal guardian.

SB45-SSA2-SA8,70,8 6. A person who is similarly situated to the adult person as a spouse, a parent, or a legal guardian.

SB45-SSA2-SA8,70,10 7. An adult who is residing or has resided with the adult person if subd. 1., 2., 3., 4., 5., or 6. does not apply.”.

SB45-SSA2-SA8,70,11 21. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,70,12 “Section 9227. Fiscal changes; Justice.

SB45-SSA2-SA8,70,21 (1) State crime laboratories; DNA analysts. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (Lm), the dollar amount for fiscal year 2025-26 is increased by $230,700 to increase the authorized FTE positions for the department by 3.0 PR DNA analyst positions and 1.0 forensic scientist supervisor position to assist in the operation of the state crime laboratories. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (Lm), the dollar amount for fiscal year 2026-27 is increased by $294,200 to provide funding for the positions authorized under this subsection.

SB45-SSA2-SA8,71,7 (2) State crime laboratories; controlled substance analyst. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (kd), the dollar amount for fiscal year 2025-26 is increased by $54,300 to increase the authorized FTE positions for the department by 1.0 PR analyst position to assist the state crime laboratories with controlled substance identification. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (kd), the dollar amount for fiscal year 2026-27 is increased by $69,100 to provide funding for the position authorized under this subsection.

SB45-SSA2-SA8,71,16 (3) State crime laboratories; crime scene response. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (kd), the dollar amount for fiscal year 2025-26 is increased by $67,700 to increase the authorized FTE positions for the department by 1.0 PR crime scene response specialist to assist the state crime laboratories with crime scene response. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (kd), the dollar amount for fiscal year 2026-27 is increased by $86,900 to provide funding for the position authorized under this subsection.”.

SB45-SSA2-SA8,71,17 22. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,71,18 “Section 9127. Nonstatutory provisions; Justice.

SB45-SSA2-SA8,71,23 (1) Position authority; law enforcement training fund. On the effective date of this subsection, the authorized FTE positions for the department of justice are increased by 0.01 PR position, to be funded from the appropriation under s. 20.455 (2) (ja), to correct a mismatch in the state operations appropriation for the law enforcement training fund.”.

SB45-SSA2-SA8,72,1 23. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,72,2 “Section 166. 165.85 (5x) of the statutes is amended to read:

SB45-SSA2-SA8,72,10 165.85 (5x) Officer training reimbursement. Notwithstanding sub. (5), in each fiscal year, the department of justice shall determine the amount of additional costs, including but not limited to tuition, lodging, travel, meals, salaries and fringe benefits, to each political subdivision as a result of the enactment of 1993 Wisconsin Act 460. In each fiscal year, the department shall pay each political subdivision the amount determined under this subsection for that political subdivision from the appropriation appropriations under s. 20.455 (2) (am) and (q), subject to the limitations under s. 20.455 (2) (am).”.

SB45-SSA2-SA8,72,11 24. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,72,12 “Section 9127. Nonstatutory provisions; Justice.

SB45-SSA2-SA8,72,19 (1) State fire marshal safety equipment. Notwithstanding s. 16.42 (1) (e), in submitting information under s. 16.42 for purposes of the 2027-29 biennial budget bill, the department of justice shall submit information concerning the appropriation under s. 20.455 (2) (a) as though the total amount appropriated under s. 20.455 (2) (a) for the 2026-27 fiscal year was $185,000 less than the total amount that was actually appropriated under s. 20.455 (2) (a) for the 2026-27 fiscal year.

SB45-SSA2-SA8,9227 Section 9227. Fiscal changes; Justice.

SB45-SSA2-SA8,73,5 (1) State fire marshal safety equipment. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2025-26 is increased by $185,000 for the purchase of arson inspection safety equipment for the office of the state fire marshal. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2026-27 is increased by $185,000 for the purchase of arson inspection safety equipment for the office of the state fire marshal.”.

SB45-SSA2-SA8,73,6 25. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,73,7 “Section 9227. Fiscal changes; Justice.

SB45-SSA2-SA8,73,13 (1) Division of criminal investigations training. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2025-26 is increased by $150,000 to fund training costs for investigators. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (b), the dollar amount for fiscal year 2026-27 is increased by by $150,000 to fund training costs for investigators.”.

SB45-SSA2-SA8,73,14 26. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,73,15 “Section 9227. Fiscal changes; Justice.

SB45-SSA2-SA8,73,23 (1) Training and standards staffing. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (ja), the dollar amount for fiscal year 2025-26 is increased by $67,700 to increase the authorized FTE positions for the department by 1.0 PR position for the training and standards bureau to assist with virtual law enforcement training. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (ja), the dollar amount for fiscal year 2026-27 is increased by $86,900 to provide funding for the position authorized under this subsection.”.

SB45-SSA2-SA8,74,1 27. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,74,2 “Section 167. 978.045 (2) of the statutes is amended to read:

SB45-SSA2-SA8,74,13 978.045 (2) If the department of administration approves the appointment of a special prosecutor under sub. (1r), the court shall fix the amount of compensation for the attorney appointed according to the rates specified in s. 977.08 (4m) (b) for the date on which the approval was made. The department of administration shall pay the compensation ordered by the court from the appropriation under s. 20.475 (1) (d). The court, district attorney, and the special prosecutor shall provide any information regarding a payment of compensation that the department requests. Any payment under this subsection earns interest on the balance due from the 121st day after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later, at the rate specified in s. 71.82 (1) (a) compounded monthly.

SB45-SSA2-SA8,9310 Section 9310. Initial applicability; District Attorneys.

SB45-SSA2-SA8,74,16 (1) Compensation for special prosecutors. The treatment of s. 978.045 (2) first applies to appointments approved on the effective date of this subsection.”.

SB45-SSA2-SA8,74,17 28. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,74,18 “Section 168. 165.25 (11) of the statutes is repealed.”.

SB45-SSA2-SA8,74,19 29. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,74,20 “Section 169. 165.08 (1) of the statutes is amended to read:

SB45-SSA2-SA8,75,10 165.08 (1) Any civil action prosecuted by the department by direction of any officer, department, board, or commission, or any shall be compromised or discontinued when so directed by such officer, department, board, or commission. Any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, by submission of a proposed plan to the joint committee on finance for the approval of the committee. The compromise or discontinuance may occur only if the joint committee on finance approves the proposed plan. No proposed plan may be submitted to the joint committee on finance if the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization the governor.

SB45-SSA2-SA8,170 Section 170. 165.12 (2) (a) of the statutes is repealed.

SB45-SSA2-SA8,171 Section 171. 165.25 (6) (a) 1. of the statutes is amended to read:

SB45-SSA2-SA8,76,11 165.25 (6) (a) 1. At the request of the head of any department of state government, the attorney general may appear for and defend any state department, or any state officer, employee, or agent of the department in any civil action or other matter brought before a court or an administrative agency which is brought against the state department, or officer, employee, or agent for or on account of any act growing out of or committed in the lawful course of an officer’s, employee’s, or agent’s duties. Witness fees or other expenses determined by the attorney general to be reasonable and necessary to the defense in the action or proceeding shall be paid as provided for in s. 885.07. The attorney general may compromise and settle the action as the attorney general determines to be in the best interest of the state except that, if the action is for injunctive relief or there is a proposed consent decree, the attorney general may not compromise or settle the action without the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, without first submitting a proposed plan to the joint committee on finance. If, within 14 working days after the plan is submitted, the cochairpersons of the committee notify the attorney general that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may compromise or settle the action only with the approval of the committee. The attorney general may not submit a proposed plan to the joint committee on finance under this subdivision in which the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization.”.

SB45-SSA2-SA8,76,12 30. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,76,13 “Section 172. 20.455 (2) (gb) of the statutes is amended to read:

SB45-SSA2-SA8,76,18 20.455 (2) (gb) Gifts and grants. The amounts in the schedule to carry out the purposes for which gifts and grants are made and received. All moneys received from gifts and grants, other than moneys received for and credited to another appropriation account under this subsection, shall be credited to this appropriation account to carry out the purposes for which made and received.

SB45-SSA2-SA8,173 Section 173. 20.455 (3) (g) of the statutes is amended to read: